The U.S. Equal Employment Opportunity Commission heard testimony Wednesday (Nov. 17)

indicating that age discrimination is causing the nation's older workers to have a difficult time

maintaining and finding new employment, a problem exacerbated by the downturn in the

economy. The number and percentage of age discrimination charges filed with the EEOC have

grown, rising from 16,548 charges -- 21.8% of all charges -- filed in fiscal year 2006, to 22,778 --

24.4 percent -- in fiscal year 2009.

The Commission heard testimony from a number of experts on the impact of the economic crisis on

older workers, the legal issues surrounding age discrimination today, and best practices to retain

older workers. Dr. William Spriggs, assistant secretary for policy at the Department of Labor,

testified that the rate of unemployment for people age 55 and over "rose from a pre-recession low of

3.0 percent (November 2007) to reach 7.3 percent in August 2010, making the past 22 months the

longest spell of high unemployment workers in this age group have experienced in 60 years."

Older workers also spend far more time searching for work and are jobless for far longer periods of

time compared to workers under 55, he said.

Spriggs' testimony reflects the experience of Jessie Williams, an individual who worked for 31 years

in Las Vegas at Republic Services, a multi-million dollar waste disposal company. After more than

three decades of stellar employment, Williams was terminated along with four other foremen over

age 40. "I was told that I wasn't needed any longer . . . [and] that they were going to 'get rid of the

old foremen and get some new blood,'" Williams told the Commission.

Following his termination, Williams had to move out of state in order to find employment. He later

became part of the EEOC's lawsuit against Republic, which was filed on behalf of more than 20

workers discharged due to their age. The case was ultimately settled for nearly $3 million.

Another panel discussed legal issues relating to age discrimination, including the impact of legal

precedents, as well as the important role the EEOC can play in addressing the issue.

Finally, representatives from AARP and the Society for Human Resource Management (SHRM)

discussed best practices to retain and attract older workers. These include increasing part-time and

flexible work schedules, offering "phased retirement," and, in appropriate situations, permitting

employees to switch to geographically distant locations during certain seasons – e.g., the so-called

"snow bird" migration to warmer climates in the wintertime.

"Hard working men and women should never be harassed at work or forced out of their jobs on

account of their age," EEOC Chair Jacqueline Berrien said. "The testimony we heard today also

sheds light on some of the unique challenges faced by older job seekers and will be invaluable as

the Commission works to strengthen its enforcement of the Age Discrimination in Employment Act."

That view was echoed by EEOC Commissioner Stuart Ishimaru. "The treatment of older workers is a

matter of grave concern for the Commission," he said "We must be vigilant that employers do not

use the current economy as an excuse for discrimination against older workers."

with links to information about age discrimination can be found on the EEOC's